Hunter v. Hunter, 709 S.E.2d 263 (Ga. 2011). · Go Syfert
Hunter v. Hunter, 709 S.E.2d 263 (Ga. 2011). Cases Citing This Book View Copy Cite
“trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.”
61 citation events (61 in the last 25 years) across 2 distinct courts.
Strongest positive: Roberts v. Roberts. (gactapp, 2018-09-21)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 23 distinct citers.
discussed Cited as authority (quoted) Roberts v. Roberts. (2×) also: Cited "see"
Ga. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.
discussed Cited as authority (rule) James Herbert Johnson v. Brandilyn Kay Johnson
Ga. Ct. App. · 2021 · confidence medium
In considering this issue, we view the evidence most favorably to the party who secured the verdict.”2 We review questions of law de novo, and the trial court’s rulings on the division of assets, attorney fees, and deviations from the presumptive amount of child support for an abuse of discretion.3 “[T]he court’s factual findings are reviewed using the ‘any 2 Carson, 277 Ga. at 336 (1) (citation and punctuation omitted). 3 See Zekser v. Zekser, 293 Ga. 366, 367 (1) ( 744 SE2d 698 ) (2013) (division of assets); Parker v. Parker, 293 Ga. 300, 304 (2) ( 745 SE2d 605 ) (2013) (deviations…
discussed Cited as authority (rule) Ward v. Smith
Ga. Ct. App. · 2015 · confidence medium
Regarding whether his actions were wilful, “a trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.” (Citation omitted.) Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Seth Ansell v. Anna A. Ansell (2×)
Ga. Ct. App. · 2014 · confidence medium
The purpose of an award of attorney fees pursuant to OCGA § 19-6-2 is to “ensure effective representation of both spouses so that all issues can be fully and fairly resolved.”12 “[A]n award of attorney fees pursuant to [OCGA] § 19-6-2 is not predicated upon a finding of misconduct of a party.”13 10 See Hunter v. Hunter, 289 Ga. 9, 10 (2) ( 709 SE2d 263 ) (2011) (appellate court presumed that attorney fees award was made pursuant to OCGA § 19-6-2 where trial court’s order did not specify the statute pursuant to which it had considered an award of attorney fees, neither party sought…
discussed Cited as authority (rule) Weeks v. Weeks
Ga. Ct. App. · 2013 · confidence medium
W. “[A] trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.” (Citation omitted.) Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Michelle Weeks v. Clark Weeks
Ga. Ct. App. · 2013 · confidence medium
W. “[A] trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.” (Citation omitted.) Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) John Rimmer v. Shane Tinch
Ga. Ct. App. · 2013 · confidence medium
In addition, “a trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.” (Citation and punctuation omitted.) Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Rimmer v. Tinch
Ga. Ct. App. · 2013 · confidence medium
In addition, “a trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.” (Citation omitted.) Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Kellie Van Leuvan v. Connie Carlisle
Ga. Ct. App. · 2013 · confidence medium
Such order shall set forth in detail why the court awarded custody in the manner set forth in the order[.]”) (emphasis supplied); Hunter v. Hunter, 289 Ga. 9, 11-12 (5) ( 709 SE2d 263 ) (2011) (In a divorce proceeding, because a former spouse 6 In the temporary order at issue in the instant case, the trial court stated only that it had considered the entire record before concluding that the grandmother “has shown, pursuant to OCGA § 19-7-3 [ ], that the health and welfare of the minor child . . . would be harmed unless visitation is provided for her with her grandmother[.] . . . [and that…
discussed Cited as authority (rule) Van Leuvan v. Carlisle
Ga. Ct. App. · 2013 · confidence medium
Such order shall set forth in detail why the court awarded custody in the manner set forth in the order [.]”) (emphasis supplied); Hunter v. Hunter, 289 Ga. 9, 11-12 (5) ( 709 SE2d 263 ) (2011) (In a divorce proceeding, because a former spouse moved for findings of fact after entry of the judgment, the trial court had the discretion to grant the motion, but was not required to do so, under OCGA § 9-11-52 (c), which states that, “[u]pon motion made not later than 20 days after entry of judgment, the court may make or amend its findings or make additional findings and may amend the judgment…
discussed Cited as authority (rule) Driver v. Driver (2×) also: Cited "see"
Ga. · 2013 · confidence medium
See OCGA § 9-11-52 (c) (providing that “[u]pon motion made not later than 20 days after entry of judgment, the court may make . . . findings” (emphasis added)); Hunter v. Hunter, 289 Ga. 9, 12 ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Alex Higdon v. Jane Reid Higdon
Ga. Ct. App. · 2013 · confidence medium
In this appeal, we only consider whether the trial court erred in its refusal to hold Mrs. Higdon in contempt and whether it erred in finding that Dr. Higdon “came to court with unclean hands.” “[A] trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.”Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Higdon v. Higdon
Ga. Ct. App. · 2013 · confidence medium
In this appeal, we only consider whether the trial court erred in its refusal to hold Mrs. Higdon in contempt and whether it erred in finding that Dr. Higdon “came to court with unclean hands.” “[A] trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.” Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Black v. Black (2×)
Ga. · 2013 · confidence medium
Hunter v. Hunter, 289 Ga. 9, 10 (1) ( 709 SE2d 263 ) (2011) (citations and punctuation omitted).
discussed Cited as authority (rule) Alpha Nursing System, Inc. v. Samuel Vickery
Ga. Ct. App. · 2012 · confidence medium
Finally, appellants complain of the trial court’s denial of their renewed motion for judgment on the pleadings. 11 He was represented at trial by his daughter, a physician, who had Dr. Vickery’s power of attorney for business matters. 12 See Hunter v. Hunter, 289 Ga. 9, 10, n. 1 ( 709 SE2d 263 ) (2011). 13 Id. 12 Appellants’ initial motion for judgment on the pleadings was denied by the trial court’s order of January 20, 2011.
cited Cited as authority (rule) Alpha Nursing Services, Inc. v. Vickery
Ga. Ct. App. · 2012 · confidence medium
Hunter, 289 Ga. 9, 10, n. 1 ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Cross v. Ivester
Ga. Ct. App. · 2012 · confidence medium
For the reasons that follow, we affirm. “[A] trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.” (Citation and punctuation omitted.) Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Nathaniel Cross v. Kendra Ivester
Ga. Ct. App. · 2012 · confidence medium
For the reasons that follow, we affirm. “[A] trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused.” (Citation and punctuation omitted.) Hunter v. Hunter, 289 Ga. 9, 11 (4) ( 709 SE2d 263 ) (2011).
discussed Cited as authority (rule) Sherman v. Development Authority of Fulton County (2×)
Ga. Ct. App. · 2012 · confidence medium
Bank of Habersham County, 142 Ga. App. 100 -101 (1) ( 235 SE2d 617 ) (1977) (OCGA § 9-11-52 (a) requires more than a paraphrase of statutory requirements and an ultimate conclusion; thus, when trial judge enters order with merely a dry recitation that certain legal requirements have been met, adequate appellate review of trial judge’s decision making process is effectively prevented), superseded by statute as stated in Jerome Road, LLC v. First Citizens Bank and Trust Co., 312 Ga. App. 583, 584-585 ( 718 SE2d 913 ) (2011). 5 See Grantham v. Grantham, 269 Ga. 413, 414 (1) ( 499 SE2d 67 ) (19…
examined Cited "see" Ansell v. Ansell (4×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Hunter v. Hunter, 289 Ga. 9, 10 (2) ( 709 SE2d 263 ) (2011) (appellate court presumed that attorney fees award was made pursuant to OCGA § 19-6-2 where trial court’s order did not specify the statute pursuant to which it had considered an award of attorney fees, neither party sought attorney fees pursuant to OCGA § 9-15-14, and the record did not show that the trial court had considered OCGA § 9-15-14); Moore v. Moore, 307 Ga. App. 889 (2), n. 1 ( 706 SE2d 465 ) (2011) (where the trial court’s brief order did not specify the basis for the award of attorney fees, but appellee indicat…
discussed Cited "see" Arthur v. Arthur (2×)
Ga. · 2013 · signal: see · confidence high
See Hunter v. Hunter, 289 Ga. 9, 12 (5) ( 709 SE2d 263 ) (2011).
discussed Cited "see" Wetherington v. Wetherington (2×)
Ga. · 2012 · signal: see · confidence high
See Hunter v. Hunter, 289 Ga. 9, 11 ( 709 SE2d 263 ) (2011).
discussed Cited "see" Ellis v. Johnson (2×)
Ga. · 2012 · signal: see · confidence high
See Hunter v. Hunter, 289 Ga. 9, 10, n. 1 ( 709 SE2d 263 ) (2011).
Hunter
v.
Hunter
S10F1792.
Supreme Court of Georgia.
Mar 25, 2011.
709 S.E.2d 263
Divida Gude, for appellant., McNally, Fox, Grant & Davenport, Patrick J. Fox, for appellee.
Nahmias.
Cited by 26 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Court of Appeals of Georgia (1)
Nahmias, Justice.

Pursuant to this Court’s pilot project for divorce cases, we granted Carol Hunter’s application for discretionary appeal of the parties’ final judgment of divorce and of an order, entered on the same day the trial court denied Carol’s motion for new trial, holding her in contempt of a temporary order. Because we find no merit to Carol’s contentions, we affirm the trial court’s judgments.

Carol and Ernest Hunter married in July 1995. Carol filed for divorce in 2006, but in June 2007, the parties mutually agreed to a dismissal of that case. However, the parties were unable to reconcile, and Carol filed this action for separate maintenance in February 2008. Ernest counterclaimed for divorce. The action was assigned to the trial judge who presided over the 2006 divorce action. The parties have no children, and neither sought alimony, leaving only the issue of dividing the parties’ property. On November 20, 2009, the day the bench trial ended, the trial court entered an order requiring Carol to pay into the court registry money that Carol had testified was[*10] remaining from a $250,000 line of credit that she took out on the parties’ marital residence in violation of an order entered in the 2006 divorce action. On December 15, 2009, the trial court entered a final judgment on the divorce action. Carol filed a timely motion for new trial, and Ernest filed a motion to hold Carol in contempt for failing to pay the full amount of the money remaining from the line of credit into the court registry. On January 29, 2010, the trial court denied Carol’s motion for new trial, and held her in contempt of the November 20, 2009, order.

1. Carol contends that the trial court erred in dividing the parties’ property. We disagree. “[A]n equitable division of marital property does not necessarily mean an equal division,” and “an award is not erroneous simply because one party receives a seemingly greater share of the marital property.” Wright v. Wright, 277 Ga. 133, 134 (587 SE2d 600) (2003). The trial court has broad discretion to equitably divide the parties’ property “upon consideration of all the relevant evidence.” Taylor v. Taylor, 283 Ga. 63, 64 (656 SE2d 828) (2008). We have reviewed the record, including the evidence regarding the parties’ rental properties, residences, retirement and investment accounts, and vehicles, noting the trial court’s statement that it did not find Carol’s testimony to be credible. We conclude that the trial court did not abuse its discretion in the division of marital property. [1]

2. Carol contends that the trial court erred by failing to award her attorney fees. We see no merit to the contention.

The trial court’s order does not specify the statute pursuant to which the court considered an award of attorney fees. Because neither party sought attorney fees under OCGA § 9-15-14 and the record does not show that the trial court considered OCGA § 9-15-14, we presume that the award was made pursuant to OCGA § 19-6-2. See Simmons v. Simmons, 288 Ga. 670, 674 (706 SE2d 456) (2011). After considering the financial circumstances of the parties, the trial court’s decision “[wjhether to award attorney fees . .. pursuant to OCGA § 19-6-2 is a matter within the discretion of the trial court, and the exercise of that discretion will not be reversed unless manifestly or flagrantly abused.” Mongerson v. Mongerson, 285 Ga. 554, 558-559 (678 SE2d 891) (2009), overruled on other grounds,[*11] Simmons, 288 Ga. at 672, n. 4. In this case, “the transcript of the final hearing establishes the trial court properly considered the relative financial positions of the parties,” id. at 559, and we cannot say that the trial court manifestly or flagrantly abused its discretion in denying attorney fees to Carol.

3. Carol contends that the trial court erred in ordering her to pay the $76,000 balance on the line of credit into the court registry, arguing that she had no notice that such an order would be issued and that, because the order prohibiting the line of credit was part of the 2006 divorce action, it could not form the basis for an order in the 2007 action.

Carol’s argument that she lacked notice is untenable. At the conclusion of the trial, the trial court informed the parties that it was contemplating such an order, and Carol voiced no objection. Moreover, Carol could hardly have been surprised by the court’s effort to protect this asset, because the primary issue at trial was division of the parties’ property and much of the trial was consumed with evidence regarding the $250,000 line of credit, including when Carol obtained it, how she spent the proceeds, and how much remained.

As for Carol’s argument regarding the basis for the order, even assuming that the trial court erred in referring to the order in the prior divorce action, its ruling must be affirmed. In divorce actions, “the court may make prohibitive or mandatory orders, with or without notice or bond, and upon such terms and conditions as the court may deem just.” OCGA § 9-11-65 (e). The trial court here heard evidence that Carol had been dissipating a significant marital asset without notice to Ernest, and it was well within the court’s discretion to issue an order preserving that asset for distribution between the parties.

4. Carol contends that the trial court erred in holding her in contempt because the evidence shows that, although she paid only $68,000 of the $76,000 into the court registry, she did not have the ability to pay the remaining $8,000. However, a trial court has broad discretion to determine if a party is in contempt of its order, and the exercise of that discretion will not be reversed on appeal unless grossly abused. See R.R.R. L.P. v. Recreational Svcs., 267 Ga. 757, 758 (481 SE2d 225) (1997). Here, although Carol testified that she did not have the ability to pay the remaining $8,000, the trial court found that she did, and we cannot conclude that the court abused its discretion in doing so. See id.

5. Carol contends that the trial court erred in denying her motion for findings of fact and conclusions of law under OCGA § 9-11-52 (c). “A trial court presiding over a bench trial ... in a court of record is statutorily required to make findings of fact and conclusions of law ‘upon (the) request of any party made prior to such ruling.’ ” Payson [*12] v. Payson, 274 Ga. 231, 234 (552 SE2d 839) (2001) (quoting OCGA § 9-11-52 (a)). In Payson, we construed the word “ruling” in OCGA § 9-11-52 (a) to mean the trial court’s judgment. Id. at 234-236. Here, because Carol moved for findings of fact after entry of the judgment, the trial court had the discretion to grant the motion for findings of fact but was not required to do so. See OCGA § 9-11-52 (c) (providing that “[u]pon motion made not later than 20 days after entry of judgment, the court may make ... findings” (emphasis added)); Greene County v. North Shore Resort at Lake Oconee, LLC, 238 Ga. App. 236, 241 (517 SE2d 553) (1999) (holding that a trial court has discretion whether to grant or deny a post-judgment request for findings under OCGA § 9-11-52 (c)). Because the trial in this case was not so complex as to make appellate review impossible without specific factual findings, we conclude that the trial court did not abuse its discretion in denying Carol’s motion for findings of fact under OCGA § 9-11-52 (c). See Greene County, 238 Ga. App. at 241.

Decided March 25, 2011. Divida Gude, for appellant. McNally, Fox, Grant & Davenport, Patrick J. Fox, for appellee.

Judgments affirmed.

All the Justices concur.
1

As part of this enumeration of error, Carol argues that a comment by the trial court during the trial indicates that the court improperly considered her behavior in the 2006 divorce action in deciding this case. We note that Carol testified on direct and cross-examination about the parties’ behavior in the 2006 divorce case, including the incident about which the trial court commented. In any event, Carol voiced no objection to the court’s comment at trial, and she therefore is barred from raising the issue on appeal. See Francis v. Francis, 279 Ga. 248, 248-249 (611 SE2d 45) (2005).